HomeMy WebLinkAboutOrdinance 4822 Doc ID : 009702130009 Tvoe : REL
Recorded : 02/28/2008 at 09 : 54 : 05 AM
Fee Amt : $32 . 00 Pace 1 of 9
Washington Countv . AR
Bette Stamps Circuit Clerk
ORDINANCE NO. 4822 Ft1e200640008164
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 05- 1833
FOR APPROXIMATELY 25 .29 ACRES LOCATED
NORTH OF JOYCE BOULEVARD AND SOUTH OF
BELLEFONTE GARDENS FROM R-O, RESIDENTIAL
OFFICE AND C-2, THOROUGHFARE COMMERCIAL
TO C-3, CENTRAL COMMERCIAL.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 : That the zone classification of the following described property is
hereby changed as follows:
From R-O, Residential Office, and C-2, Thoroughfare Commercial to C-3 ,
Central Commercial, as shown on Exhibit "A" Attached hereto and made a part hereof.
Section 2: That the official zoning map of the City of Fayetteville, Arkansas is
hereby amended to reflect the zoning change provided in Section 1 above.
PASSED and APPROVED this 17th day of January, 2006.
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
By: =�
SONDRA SMITH, City Clerk O FAYETTEVILLE ;
'����i/ Gi0N
EXHIBIT "A"
RZN 05-1833
SURVEY DESCRIPTION OF TRACT A
LOCATED IN A PART OF THE NW 1/4 OF THE NW 1 /4 OF SECTION 25,
TOWNSHIP 17 NORTH, RANGE 30 WEST IN FAYETTEVILLE, WASHINGTON
COUNTY, ARKANSAS, MORE PRECISELY DESCRIBED AS FOLLOWS :
STARTING AT THE NW CORNER OF THE NW 1 /4 OF THE NW 1 /4 OF SECTION
25 FOR THE TRUE POINT OF BEGINNING; THENCE ALONG THE NORTH LINE
OF THE NW 1 /4 OF THE NW 1 /4, SOUTH 86 DEGREES 46 MINUTES 16 SECONDS
EAST, 625 .44 FEET; THENCE ALONG THE WESTERLY RIGHT-OF-WAY OF
VANTAGE DRIVE THE FOLLOWING COURSES : SOUTH 02 DEGREES 39
MINUTES 17 SECONDS WEST, 254.70 FEET; THENCE SOUTH 02 DEGREES 48
MINUTES 06 SECONDS WEST, 401 .08 FEET; THENCE LEAVING SAID RIGHT-
OF-WAY, NORTH 87 DEGREES 04 MINUTES 02 SECONDS WEST, 623 .85 FEET;
THENCE ALONG THE WEST LINE OF THE NW 1 /4 OF THE NW 1/4, NORTH 02
DEGREES 36 MINUTES 28 SECONDS EAST, 659.02 FEET TO THE TRUE POINT
OF BEGINNING CONTAINING 9.430 ACRES MORE OR LESS AND BEING
SUBJECT TO THE RIGHTS-OF-WAY OF VANTAGE DRIVE, STEARNS STREET
AND FORD DRIVE AND ANY EASEMENTS OF RECORD.
SURVEY DESCRIPTION OF TRACT B
LOCATED IN A PART OF THE NW 1 /4 OF THE NW 1 /4 AND IN A PART OF THE
NE 1 /4 OF THE NW 1 /4 OF SECTION 25, TOWNSHIP 17 NORTH, RANGE 30
WEST IN FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE
PRECISELY DESCRIBED AS FOLLOWS : STARTING AT THE NW CORNER OF
THE NW 1/4 OF THE NW 1 /4 OF SECTION 25 ; THENCE SOUTH 86 DEGREES 46
MINUTES 16 SECONDS EAST, 695 .44 FEET; TO THE TRUE POINT OF
BEGINNING; THENCE ALONG THE NORTH LINE OF SECTION 25 THE
FOLLOWING COURSES : SOUTH 86 DEGREES 44 MINUTES 04 SECONDS EAST,
619.52 FEET; THENCE SOUTH 87 DEGREES 28 MINUTES 13 SECONDS EAST,
100.82 FEET; THENCE LEAVING SAID NORTH LINE, SOUTH 02 DEGREES 16
MINUTES 46 SECONDS WEST, 652.58 FEET; THENCE NORTH 87 DEGREES 04
MINUTES 03 SECONDS WEST, 265.06 FEET; THENCE NORTH 87 DEGREES 03
MINUTES 51 SECONDS WEST, 460.57 FEET; THENCE ALONG THE EASTERLY
RIGHT-OF-WAY OF VANTAGE DRIVE THE FOLLOWING COURSES : NORTH 02
DEGREES 48 MINUTES 16 SECONDS EAST, 401 .31 FEET; THENCE NORTH 02
DEGREES 39 MINUTES 11 SECONDS EAST, 254.09 FEET TO THE TRUE POINT
OF BEGINNING CONTAINING 10.842 ACRES MORE OR LESS AND BEING
SUBJECT TO THE RIGHT-OF-WAY OF VANTAGE DRIVE AND ANY
EASEMENTS OF RECORD.
SURVEY DESCRIPTION OF TRACT C
LOCATED IN A PART OF THE NW 1/4 OF THE NW 1 /4 OF SECTION 25,
TOWNSHIP 17 NORTH, RANGE 30 WEST IN FAYETTEVILLE, WASHINGTON
COUNTY, ARKANSAS, MORE PRECISELY DESCRIBED AS FOLLOWS:
STARTING AT THE NW CORNER OF THE NW 1 /4 OF THE NW 1 /4 OF SECTION
25 ; THENCE SOUTH 02 DEGREES 36 MINUTES 28 SECONDS WEST, 659.02 FEET
TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 87 DEGREES 04
MINUTES 02 SECONDS EAST, 623 .85 FEET; THENCE ALONG THE WESTERLY
RIGHT-OF-WAY OF VANTAGE DRIVE, SOUTH 02 DEGREES 45 MINUTES 28
SECONDS WEST, 197.95 FEET; THENCE NORTH 87 DEGREES 23 MINUTES 18
SECONDS WEST, 338.70 FEET; THENCE SOUTH 02 DEGREES 37 MINUTES 24
SECONDS WEST, 319.91 FEET; THENCE ALONG A NON-TANGENT CURVE TO
THE RIGHT, WITH A RADIUS OF 1290.45 FEET, AN ARC LENGTH OF 4.09 FEET,
AND A CHORD OF NORTH 65 DEGREES 14 MINUTES 31 SECONDS WEST, 4.09
FEET; THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 1403 .27
FEET, AN ARC LENGTH OF 321 . 11 FEET, AND A CHORD OF NORTH 58
DEGREES 35 MINUTES 46 SECONDS WEST, 320.41 FEET; THENCE ALONG THE
WEST LINE OF THE NW 1/4 OF THE NW 1/4, NORTH 02 DEGREES 36 MINUTES
52 SECONDS EAST, 365 .50 FEET TO THE TRUE POINT OF BEGINNING
CONTAINING 4.487 ACRES MORE OR LESS AND BEING SUBJECT TO THE
RIGHTS-OF-WAY OF VANTAGE DRIVE AND JOYCE BOULEVARD AND ANY
EASEMENTS OF RECORD.
LESS AND EXCEPT THE FOLLOWING: A PORTION OF TRACT "C" AS
DESCRIBED ABOVE AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS : COMMENCING AT THE NW CORNER OF THE NW 1 /4 OF THE NW
1 /4 OF SECTION 25; THENCE SOUTH 02 DEGREES 36 MINUTES 28 SECONDS
WEST, 659.02 FEET, THENCE SOUTH 02 DEGREES 36 MINUTES 52 SECONDS
WEST, 201 .44 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 87
DEGREES 23 MINUTES 18 SECONDS EAST, 284.35 FEET; THENCE SOUTH 02
DEGREES 37 MINUTES 24 SECONDS WEST, 319.91 FEET; THENCE ALONG A
NON-TANGENT CURVE TO THE RIGHT, WITH A RADIUS OF 1290.45 FEET, AN
ARC LENGTH OF 4.09 FEET, AND A CHORD OF NORTH 65 DEGREES 14
MINUTES 31 SECONDS WEST, 4.09 FEET; THENCE ALONG A CURVE TO THE
RIGHT WITH A RADIUS OF 1403.27 FEET, AN ARC LENGTH OF 321 . 11 FEET,
AND A CHORD OF NORTH 58 DEGREES 35 MINUTES 46 SECONDS WEST,
320.41 FEET; THENCE ALONG THE WEST LINE OF THE NW 1 /4 OF THE NW 1 /4,
NORTH 02 DEGREES 36 MINUTES 52 SECONDS EAST, 164.05 FEET TO THE
POINT OF BEGINNING CONTAINING 1 .63 ACRES.
SURVEY DESCRIPTION OF TRACT D
LOCATED IN A PART OF THE NW 1 /4 OF THE NW 1/4 AND IN A PART OF THE
NE 1 /4 OF THE NW 1/4 OF SECTION 25, TOWNSHIP 17 NORTH, RANGE 30
WEST IN FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE
PRECISELY DESCRIBED AS FOLLOWS : STARTING AT THE NW CORNER OF
THE NW 1 /4 OF THE NW 1 /4 OF SECTION 25; THENCE SOUTH 02 DEGREES 36
MINUTES 28 SECONDS WEST, 659.02 FEET; THENCE SOUTH 87 DEGREES 04
MINUTES 08 SECONDS EAST, 693 .83 FEET TO THE TRUE POINT OF
BEGINNING; THENCE SOUTH 87 DEGREES 03 MINUTES 51 SECONDS EAST,
460.57 FEET; THENCE SOUTH 51 DEGREES 17 MINUTES 37 SECONDS WEST,
615 .05 FEET; THENCE ALONG THE EASTERLY RIGHT-OF-WAY OF VANTAGE
DRIVE, NORTH 02 DEGREES 48 MINUTES 16 SECONDS EAST, 408.69 FEET TO
THE TRUE POINT OF BEGINNING CONTAINING 2. 161 ACRES MORE OR LESS
AND BEING SUBJECT TO THE RIGHT-OF-WAY OF VANTAGE DRIVE AND
ANY EASEMENTS OF RECORD.
Bill of Assumnx
Page 1
BILL OF ASSURANCE
FOR THE CITY OF FAYEITEVILLE, ARKANSAS
In order to attempt to obtain approval of a request for a zoning
reclassification, CB VENTURES, LLC (hereinafter - "Petitioner"), hereby
voluntarily offer this Bill of Assurance and enter into this binding agreement and
contract with the City of Fayetteville, Arkansas.
Petitioner expressly grants to the City of Fayetteville the right to enforce any and
all of the terms of this Bill of Assurance in the Chancery/Circuit Court of
Washington County and agrees that if Petitioner or Petitioner's heirs, assigns, or
successors violate any term of this Bill of Assurance, substantial irreparable
damage justifying injunctive relief has been done to the citizens and City of
Fayetteville, Arkansas: Petitioner acknowledges that the Fayetteville Planning
Commission and the Fayetteville City Council will reasonably rely upon all of
the terms and conditions within this Bill of Assurance in considering whether to
approve Petitioner's rezoning request.
Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's
property shall be restricted as follows IF Petitioners' rezoning is approved by the
Fayetteville City Council and Petitioner's property is rezoned to C-3
classification:
1 . The use of Petitioners' property described in Exhibit "A" attached
hereto (the "Land") shall be limited to the following uses: retail, restaurant,
office, and residential.
2. The Land C-3 zoning classification shall be subject to the following
modifications and restrictions:
a. Density: There shall be allowed no more than 18 units per acre.
b. Height Restrictions: Any non-residential building on the Land
shall not exceed twelve stories, and any residential building on
the Land shall not exceed sixteen stories. No structures on the
property shall exceed sixteen stories in height.
c. Greenspace: Twenty percent (20%) of the Land must be
maintained as greenspace, as the term "greenspace" is defined
in the City Code of the City of Fayetteville, Arkansas.
d. Driveways and Parking. Petitioner shall encourage all
properties adjacent to the Land to allow cross-access and shared
access to public streets. All uses, current and future, on the
Bill ofgssurpate
P
Page 2
Land shall have adequate parking as per the then-current City
Code of the City of Fayetteville, Arkansas. Any otherwise
relevant waiver of parking requirements due to the land being
zoned C-3 shall not apply
Land. to future uses that may begin on the
3. Petitioners specifically agree that all such restrictions and terms shall
released by Resolution of the Fayetteville City Council. This Bill of
run with the Land and bind all future owners unless and until specifically
Assurance shall be filed for record in the Washington County Circuit
Clerk's Office after Petitioners' rezoning is effective and shall be noted on
any Final Plat or Large Scale Development which
Petitioners' property. includes some or all of
IN WITNESS WHEREOF and in agreement with all the terms and
conditions stated above, we, CB VENTURES, LLC, as the owners, developers or
buyers (Petitioners) voluntarily offe
below. r all such assurances and sign our names
CB VENTURES, LLC
I -47 - oS
Date row b0Kf a�raea
Printed Name
1921 otd MtyseH,ai �2d •
Address
5 ' Ople kR '7Z�641
By:
Signature
Date
Printed Name
Address
By:
Signature
Bill of Assume r
Page 3
NOTARY OATH
STATE OF ARKANSAS )
COUNTY OF WASHINGTON I
And now on this the 7 rq da of 4CCeMWe*� 20657
Y 2994; appeared before
me, —.,.�-�harl �
and
as the members of CB VENTURES,
LLC, after being placed upon his/her oath, swore or affirmed that he agreed
with the terms of the above Bill of Assurance and signed FUN n above.
MCommission xplres: NOTARY PUBLIC
-�/ IS7� l�
"NOTARY BEAU"
Brandon Rains, Notary Public
Washington County, State of Arkansas
My Commission Expwm Jury 15, 2014.
J • Bill afAssumnce
/ Page 4
EX IIBI "A„
SURVEY DESCRIPTION OF TRACT A
LOCATED IN A PART OF THE NW 1/40F THE NW 1/40F SECTION 25, TOWNSHIP 17
NORTH, RANGE 30 WEST IN FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE
PRECISELY DESCRIBED AS FOLLOWS: STARTING AT THE NW CORNER OF THE NW V4 OF
THE NW 1/40F SECTION 25 FOR THE TRUE POINT OF BEGINNING; THENCE ALONG THE
NORTH LINE OF THE NW 1/40F THE NW 1/4, SOUTH 86 DEGREES 46 MINUTES 16 SECONDS
EAST, 625.44 FEET; THENCE ALONG THE WESTERLY RIGHT-OF-WAY OF VANTAGE
DRIVE THE FOLLOWING COURSES: SOUTH 02 DEGREES 39 MINUTES 17 SECONDS WEST,
254.70 FEET; THENCE SOUTH 02 DEGREES 48 MINUTES 06 SECONDS WEST, 401.08 FEET;
THENCE LEAVING SAID RIGHT-OF-WAY, NORTH 87 DEGREES 04 MINUTES 02 SECONDS
WEST, 623.85 FEET; THENCE ALONG THE WEST LINE OF THE NW 1/40F THE NW 1/4,
NORTH 02 DEGREES 36 MINUTES 28 SECONDS EAST, 659.02 FEET TO THE TRUE POINT OF
BEGINNING CONTAINING 9.430 ACRES MORE OR LESS AND BEING SUBJECT TO THE
RIGHTS-OF-WAY OF VANTAGE DRIVE, STEARNS STREET AND FORD DRIVE AND ANY
EASEMENTS OF RECORD.
SURVEY DESCRIPTION OF TRACT B
LOCATED IN A PART OF THE NW Y4 OF THE NW 1/4 AND IN A PART OF THE NE V4 OF THE
NW 1/40F SECTION 25, TOWNSHIP 17 NORTH, RANGE 30 WEST IN FAYETTEVILLE,
WASHINGTON COUNTY, ARKANSAS, MORE PRECISELY DESCRIBED AS FOLLOWS:
STARTING AT THE NW CORNER OF THE NW 1/40F THE NW /40F SECTION 25; THENCE
SOUTH 86 DEGREES 46 MINUTES 16 SECONDS EAST, 695.44 FEET; TO THE TRUE POINT OF
BEGINNING; THENCE ALONG THE NORTH LINE OF SECTION 25 THE FOLLOWING
COURSES: SOUTH 86 DEGREES 44 MINUTES 04 SECONDS EAST, 619.52 FEET; THENCE
SOUTH 87 DEGREES 28 MINUTES 13 SECONDS EAST, 100.82 FEET; THENCE LEAVING SAID
NORTH LINE, SOUTH 02 DEGREES 16 MINUTES 46 SECONDS WEST, 652.58 FEET; THENCE
NORTH 87 DEGREES 04 MINUTES 03 SECONDS WEST, 265.06 FEET; THENCE NORTH 87
DEGREES 03 MINUTES 51 SECONDS WEST, 460.57 FEET, THENCE ALONG THE EASTERLY
RIGHT-OF-WAY OF VANTAGE DRIVE THE FOLLOWING COURSES: NORTH 02 DEGREES
48 MINUTES 16 SECONDS EAST, 401.31 FEET; THENCE NORTH 02 DEGREES 39 MINUTES 11
SECONDS EAST, 254.09 FEET TO THE TRUE POINT OF BEGINNING CONTAINING 10.842
ACRES MORE OR LESS AND BEING SUBJECT TO THE RIGHT-OF-WAY OF VANTAGE
DRIVE AND ANY EASEMENTS OF RECORD.
SURVEY DESCRIPTION OF TRACT C
LOCATED IN A PART OF THE NW 1/4 OF THE N W 1/4 OF SECTION 25, TOWNSHIP 17
NORTH, RANGE 30 WEST IN FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE
PRECISELY DESCRIBED AS FOLLOWS: STARTING AT THE NW CORNER OF THE NW 1/40F
THE NW 1/40F SECTION 25; THENCE SOUTH 02 DEGREES 36 MINUTES 28 SECONDS WEST,
659.02 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 87 DEGREES 04
MINUTES 02 SECONDS EAST, 623.85 FEET; THENCE ALONG THE WESTERLY RIGHT-O&
WAY OF VANTAGE DRIVE, SOUTH 02 DEGREES 45 MINUTES 28 SECONDS WEST, 197.95
FEET; THENCE NORTH 87 DEGREES 23 MINUTES 18 SECONDS WEST, 338.70 FEET; THENCE
SOUTH 02 DEGREES 37 MINUTES 24 SECONDS WEST, 319.91 FEET; THENCE ALONG A
NON-TANGENT CURVE TO THE RIGHT, WITH A RADIUS OF 1290.45 FEET, AN ARC
LENGTH OF 4.09 FEET, AND A CHORD OF NORTH 65 DEGREES 14 MINUTES 31 SECONDS
WEST, 4.09 FEET; THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 1403.27
9
Bio afAssumnm
Page 5
FEET, AN ARC LENGTH OF 321.11 FEET, AND A CHORD OF NORTH 58 DEGREES 35
MINUTES 46 SECONDS WEST, 320.41 FEET; THENCE ALONG THE WEST LINE OF THE NW
''A OF THE NW '/y NORTH 02 DEGREES 36 MINUTES 52 SECONDS EAST, 365.50 FEET TO THE
TRUE POINT OF BEGINNING CONTAINING 4.487 ACRES MORE OR LESS AND BEING
SUBJECT TO THE RIGHTS-OF-WAY OF VANTAGE DRIVE AND JOYCE BOULEVARD AND
ANY EASEMENTS OF RECORD.
LESS AND EXCEPT THE FOLLOWING: A PORTION OF TRACT "C" AS DESCRIBED ABOVE
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE
NW CORNER OF THE NW 1/4 OF THE NW 1/4 OF SECTION 25; THENCE SOUTH 02 DEGREES
36 MINUTES 28 SECONDS WEST, 659.02 FEET, THENCE SOUTH 02 DEGREES 36 MINUTES 52
SECONDS WEST, 201.44 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 87
DEGREES 23 MINUTES 18 SECONDS EAST, 284.35 FEET; THENCE SOUTH 02 DEGREES 37
MINUTES 24 SECONDS WEST, 319.91 FEET; THENCE ALONG A NON-TANGENT CURVE TO
THE RIGHT, WITH A RADIUS OF 1290.45 FEET, AN ARC LENGTH OF 4.09 FEET, AND A
CHORD OF NORTH 65 DEGREES 14 MINUTES 31 SECONDS WEST, 4.09 FEET; THENCE
ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 1403.27 FEET, AN ARC LENGTH OF
321.11 FEET, AND A CHORD OF NORTH 58 DEGREES 35 MINUTES 46 SECONDS WEST,
320.41 FEET; THENCE ALONG THE WEST LINE OF THE NW 1/40F THE NW 1/4, NORTH 02
DEGREES 36 MINUTES 52 SECONDS EAST, 164.05 FEET TO THE POINT OF BEGINNING
CONTAINING 1 .63 ACRES.
SURVEY DESCRIPTION OF TRACT D
LOCATED IN A PART OF THE NW V4 OF THE NW 1/4 AND IN A PART OF THE NE 1/40F THE
NW 1/4 OF SECTION 25, TOWNSHIP 17 NORTH, RANGE 30 WEST IN FAYETTEVILLE,
WASHINGTON COUNTY, ARKANSAS, MORE PRECISELY DESCRIBED AS FOLLOWS:
STARTING AT THE NW CORNER OF THE NW 14017 THE NW V4 OF SECTION 25; THENCE
SOUTH 02 DEGREES 36 MINUTES 28 SECONDS WEST, 659.02 FEET; THENCE SOUTH 87
DEGREES 04 MINUTES 08 SECONDS EAST, 693.83 FEET TO THE TRUE POINT OF
BEGINNING; THENCE SOUTH 87 DEGREES 03 MINUTES 51 SECONDS EAST, 460.57 FEET;
THENCE SOUTH 51 DEGREES 17 MINUTES 37 SECONDS WEST, 615.05 FEET; THENCE
ALONG THE EASTERLY RIGHT-OF-WAY OF VANTAGE DRIVE, NORTH 02 DEGREES 48
MINUTES 16 SECONDS EAST, 408.69 FEET TO THE TRUE BEGINNING
B
POINT OF
CONTAINING 2.161 ACRES MORE OR LESS AND BEING SUBJECTB THE RIGHT-OF-WAY
VANTAGE DRIVE AND ANY EASEMENTS OF RECORD.
r
Washington County, AR
I certify this instrument was filed on
02/28/2006 09:54:05 AM
and recorded in Real Estate
File Number 200640008164
Bette Stamps - Circuit le
by
a2v
City of Fayetteville
Staff Review Form � �ZZ
City Council Agenda Items
or
Contracts
3-Jan-06
City Council Meeting Date
Jeremy Pate Planning Operations
Submitted By Division Department
Action Required:
R7_N 05- 1833 (Bellafont, 174): Submitted by H2 Engineering, Inc. for property located north of Joyce Boulevard and south of
Bellafont Gardens. The property is zoned R-O, Residential Office, and C-2, Thoroughfare Commercial, and contains
approximately 25.29 acres. "rhe request is to rezone the subject property to C-3, Central Commercial.
$0.00 n/a n/a
Cost of this request Category/Project Budget Program Category / Project Name
n/a n/a n/a
Account Number Funds Used to Date Program / Project CategoryName
n/a n/a n/a
Fs
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
S Previous Ordinance or Resolution # n/a
Depa ment birector Date Original Contract Date: n/a
Q- lz - Original Contract Number: n/a
City Attorn
Received in City Clerk's Office
Finance and Internal Service Director Date
LkReceived in Mayor's Office
Mayor
Comments:
City Council Meeting of January 03, 2006
Agenda Item Number
CITY COUNCIL AGENDA MEMO
'I'o: Mayor and City Council
Thru : Gary Dumas, Director of Operations
From : Jeremy C. Pate, Director of Current Planning$
Date: December 15, 2005
Subject: Rezoning for Bellafont (RZN 05- 1833 )
RECOMMENDATION
The Planning staff recommends approval of the proposed rezoning from R-O, Residential
Office, and C-2, Thoroughfare Commercial, to C-3, Central Commercial, on
approximately 25.29 acres with the acceptance of the Bill of Assurance offered by the
applicant to address those criteria of the C-3 zoning district.
BACKGROUND
The subject property contains four parcels consisting of 25.29 acres. The property is
owned by the Barber Group and is located north of Joyce Boulevard on either side of
Vantage Drive, a recently constructed street. A majority of the property is zoned C-2
though a small portion of property to the southeast of the property and within a dedicated
drainage easement is zoned R-O. Adjacent uses include multi-family development to the
north and cast, as well as commercial development to the east and south, including the
U.S. Post Office and Lindsey Office building, currently under construction.
The applicant is requesting the property be rezoned from R-O, Residential Office and C-
2, Thoroughfare Commercial, to C-3, Central Commercial to facilitate development on
the property at a height greater than that allowed within the C-2 zoning district. Although
the applicant desires to modify the zoning district to relieve height restrictions on the
property, a rezoning will also change the development regulations and other zoning
requirements of the property. To reduce the potential impacts of this zoning change, the
applicant has submitted a Bill of Assurance.
DISCUSSION
This item was heard at the regular Planning Commission on December 12, 2005 . The
Planning Commission voted 8-0-0 to recommend approval of this rezoning request to the
City Council .
BUDGET IMPACT
None.
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 05- 1833 FOR APPROXIMATELY
25 .29 ACRES LOCATED NORTH OF JOYCE BOULEVARD, WEST
OF VENTURE ROAD, AND SOUTH OF BELLAFONT GARDENS
FROM R-O, RESIDENTIAL OFFICE AND C-2, THOROUGHFARE
COMMERCIAL TO C-3 , CENTRAL COMMERCIAL.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS :
Section 1 : That the zone classification of the following described property is
hereby changed as follows:
From R-O, Residential Office, and C-2, Thoroughfare Commercial to C-3,
Central Commercial, as shown on Exhibit "A" Attached hereto and made a part hereof.
Section 2 : That the official zoning map of the City of Fayetteville, Arkansas is
hereby amended to reflect the zoning change provided in Section 1 above.
PASSED and APPROVED this day of 2006.
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
By:
SONDRA SMITH, City Clerk
